MBE Rules · Wills, Trusts & Estates
Claims Against Decedents
Cal. Civ. Proc. Code § 366.2
The rule
A one-year statute of limitations from death bars claims against the decedent regardless of ordinary limitations, subject to tolling by timely creditor-claim filing in probate.
In plain English
When someone dies, creditors have one year from the date of death to file claims against the deceased's estate. If they do not file within this time frame, their claims are generally barred, although there are exceptions if they file a creditor's claim during probate proceedings.
Worked example
John passed away on January 1, 2022. His creditor, Mary, failed to file her claim against his estate until February 1, 2023. Since she did not file within the one-year period, her claim is barred.
Memory hook
One year to file, or your claim is denied!
The trap
Exams may present scenarios where students confuse the one-year limit with other statutes of limitations, leading to incorrect conclusions about the viability of claims.
How examiners test it
Questions often involve fact patterns where a creditor misses the one-year deadline, testing the candidate's understanding of the statute of limitations and exceptions in probate contexts.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.
More Wills, Trusts & Estates rules
- Co-Trustees · Cal. Prob. Code § 15620
- Trustee Removal · Cal. Prob. Code § 15642
- Formal Will Requirements · Cal. Prob. Code § 6110
- Spendthrift Exceptions · Cal. Prob. Code §§ 15305-15307
- Ademption of Specific Devises · In re Estate of Newsome (1967) 248 Cal.App.2d 712
- Intestate Succession · Cal. Prob. Code §§ 6400-6414